Squatting bill goes to Georgia Gov. Kemp's desk

ATLANTA — Squatting is having a moment.

Recently, there has been a rise in high-profile reports about trespassers seizing control of vacant homes, violently clashing with real estate agents and landlords, trashing properties, or terrorizing homeowners.

Atlanta has been at the center of the national conversation about the practice, and Georgia lawmakers have taken notice.

In March, they passed House Bill 1017, the Georgia Squatter Reform Act, making it easier for homeowners and landlords to remove people who are staying on their properties without permission. The bill awaits Gov. Brian Kemp’s signature.

Marietta Republican Rep. Devan Seabaugh, the House sponsor, said the legislation would fix antiquated laws protecting squatters. Without the bill, it is difficult for homeowners to eject people who enter vacant properties, change the locks, and claim ownership or tenancy. He said the bill will make it quicker and easier for landlords and homeowners to wrest back control of their properties.

“Right now, squatters are treated like tenants of a property and they’re not tenants — they’re criminals and they’re intruders,” he said.

If signed into law, the amendments would make squatting a misdemeanor offense. Seabaugh said eviction backlogs in the civil courts mean it can take months to resolve cases.

The trade group National Rental Home Council has tracked 1,200 complaints of trespassing among its members in the Atlanta area.

HB 1017 amends Georgia law relating to criminal trespass, property damage and proceedings against people who intrude on others’ property. Law enforcement could cite those accused of unlawful squatting, giving them three business days to show a lease, rental agreement, or proof of rental payments. If they produce documentation, a magistrate judge will set a hearing within seven days to determine if the documents are authentic, according to the bill.

Squatters could be charged with a misdemeanor and face a $1,000 fine and up to one year in jail, or both. Seabaugh said if a magistrate judge finds the squatters used a fake lease they could be charged with a felony of filing false documents.

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